Ball State University prohibits
sexual and gender-based harassment, sexual violence, intimate partner violence,
and stalking. These behaviors, referred to collectively as sexual harassment
and misconduct in this policy, are prohibited by Ball State University, are
inconsistent with the university’s values, and are incompatible with the safe,
healthy environment that the Ball State community requires to function
effectively. Title IX of the Education Amendments of 1972 prohibits
discrimination on the basis of sex or gender in educational programs. Sexual
harassment and misconduct, as defined in this policy, are all forms of sex
discrimination. Many forms of sexual misconduct violate both this policy and state
law. The university will not condone or tolerate any verbal or physical conduct
that would constitute sexual harassment, sexual
violence, stalking, or intimate partner violence
from any member of
the university community, including students, staff and
faculty, or from guests or visitors to the campus.

This policy prohibits a broad continuum of behaviors including but not limited to: sexual harassment, non-consensual sexual
intercourse, non-consensual sexual contact, sexual
exploitation, bullying or cyber-bullying, stalking, retaliation, intimidation
and harm, threat, or endangerment. Each of these terms is defined later in this
policy.

This policy applies to the resolution of complaints against students
who have been accused of sexual harassment or misconduct, regardless of whom is
making the complaint. The university will respond according to the severity or pervasiveness of the offense and the threat
it poses to the community. Complainants[1]
can expect the university to respond promptly and effectively, to make interim
protective measures available, and to take the complainant’s wishes into
consideration in its response. Individuals who
are found responsible under this policy may face disciplinary sanctions up to and including expulsion. The university will treat all
parties fairly and respectfully; take measures necessary to provide safety for
individuals and the university community; utilize processes that are thorough,
fair, and impartial; and balance the needs and interests of individuals with
the safety of the university community as a whole.

[1] Ball State University recognizes that an individual may choose to self-identify as a victim or a survivor. For consistency in this policy, the term “complainant” will be used to refer to the individual who alleges conduct that violates this policy, regardless of whether that individual makes a report or seeks formal disciplinary action. A “respondent” refers to the individual who has been accused of conduct that violates this policy. “Third party” refers to any other participant in the process, e.g., a witness to an incident or an individual who makes a report on behalf of someone else.

The Ball State community has a
responsibility to maintain
an environment free from harassment
and discrimination. The university is committed to taking all appropriate steps to eliminate sexual harassment and misconduct, prevent its recurrence, and address its effects. The university seeks to foster
a climate that is free from sexual harassment, sexual
violence, stalking, and intimate partner violence through clear and effective policies,
a coordinated education and prevention program, and prompt and
equitable procedures for resolution of complaints that are accessible to all. The university
expects and encourages all members, visitors, and guests of the Ball State community to participate in the process
of creating a safe, effective, and respectful environment on campus.

The university will not tolerate retaliation against
an individual who makes a report
or participates in an investigation. Retaliation, whether actual or threatened, destroys the sense of community and trust that is central
to an effective educational environment. Ball State policy prohibits any form of
reprisals or retaliation. Community members engaging in reprisals or retaliation will be subject
to disciplinary action.

The university will make every
reasonable effort to stop retaliation immediately,
to conduct a complete and thorough investigation of alleged acts of retaliation in a timely manner, to provide
remedies to victims of retaliation, and to sanction the perpetrators of retaliation as appropriate.

Sexual and gender-based harassment
and violence committed by one student against another or directed toward a
student by a university employee or other representative of the university
violate Title IX of the Education Amendments of 1972. Ball State will not
tolerate sexual harassment of and sexual violence directed at students
in any of the university’s programs or activities.

Ball State has designated John Bowers (contact information below)
to serve as the institution’s Title IX Coordinator. Inquiries or complaints concerning the application of Title IX may be referred to the university’s
Title IX Coordinator and/or the United States Department of Education:

Institutional Title IX Coordinator

John Bowers Director of Institutional Equity and Internal
Investigations

This policy applies to alleged violations by Ball State
students, regardless of sexual orientation or gender identity, and student
organizations as defined in the Code of
Student Rights and Responsibilities (Code)
which may be found at www.bsu.edu/studentcode.
Although the Codeprovides that any person (student, university employee,
third party) may file a complaint against a student with the Office of Student
Rights and Community Standards [Student Center L-5, (765) 285-5036], all
complaints against students alleging sexual misconduct will be forwarded to the
Associate Dean of Students/Title IX Coordinator for Student Affairs [Administration
Building (AD) 238, (765) 285-1545]. Complaints against a student for sexual
harassment or misconduct also may be filed with the University Police
Department by calling (765) 285-1111.

Complaints against Employees

The Statement on Sexual Harassment
applies to complaints against employees. Complaints of sexual harassment or misconduct
against an employee should be filed with the Office of University Compliance [AD
335, (765) 285-5162] or with the University Police Department [200 N. McKinley
Avenue or (765) 285-1111.]

Complaints against Other Individuals

Complaints of sexual harassment or misconduct against an
individual who is not a student or employee (e.g., a guest of or visitor to the
university) should be filed with the University Police Department located at
200 N. McKinley Avenue [(765) 285-1111].

On and Off Campus Behaviors

This policy applies to conduct
that occurs on campus or in the context of any university program or activity,
including off-campus conduct in the context of a university program or
activity. This policy also applies to conduct that has a continuing adverse
effect or creates a hostile environment on campus or in any university program
or activity whether on or off campus. Prohibited conduct that takes place off campus
is covered in this policy when (from Code section 2.2 Authority) it is:

a. Conduct that causes or threatens harm to
the health or safety of a person or damage or destruction to the property of a
member of the university community;

b. Conduct in connection with an academic
course assignment, internship, practicum, field trip, student teaching,
research, or other university activity;

c. Conduct in connection with any activity
sponsored, conducted, or authorized by the university or by a student
organization;

d. Conduct involving serious crimes
including all crimes of violence, felonies, or the sale or distribution of
illegal drugs or controlled substances, if a police report has been filed, a
summons or indictment has been issued, or an arrest has occurred; or

e. Conduct adversely affecting the
university community or indicating that the continued presence of a student on
campus poses a threat to the student's well-being or the well-being of other
members of the university community.

Notice of Non-Discrimination

Ball State University is committed to establishing and maintaining an effective,
safe, and nondiscriminatory educational environment in which all individuals are treated with respect
and dignity. The university does not permit discrimination or
harassment in its programs and activities on the
basis of race, religion, color, sex (except where sex is a bona fide
qualification), sexual orientation, gender identity/gender expression, physical
or mental disability, national origin, ancestry, age, or any other
characteristic protected by institutional policy
or state, local, or federal law.

This policy addresses all forms of
sexual discrimination, including
sexual harassment, sexual
violence, stalking, and intimate partner violence. Ball State University does
not discriminate on the
basis of sex in its educational, extracurricular, athletic, or other programs or in the context
of employment. Sex
discrimination is prohibited by
Title IX of the Education Amendments of 1972, a federal law which provides that:

No person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the
benefits of, or be subjected to
discrimination under any education
program or activity receiving federal financial assistance.

Sexual harassment is also prohibited under Title VII of the Civil Rights
Act of 1964, Indiana state law, and other
applicable statutes.

This policy prohibits sexual
harassment, sexual
violence, stalking, and intimate partner violence against Ball State community members of
any gender, gender identity, gender
expression, or sexual orientation. This policy also prohibits
gender-based harassment that does not
involve conduct of a sexual
nature, including hazing
and stalking.

The university, as an educational community,
will promptly and equitably respond to reports of sexual harassment, sexual
violence, stalking, and intimate partner violence
that it knew or should have known about in order to eliminate the
harassment, prevent its recurrence, and address its effects
on any individual or the community.

Title IX Coordinator

Ball State has designated John Bowers to serve as the
institution’s Title IX Coordinator. The Title IX Coordinator will be informed of all reports of sexual harassment,
sexual violence, stalking, and intimate partner violence,
and will oversee the university’s centralized review,
investigation, and resolution of those
reports to ensure the
university’s compliance with Title IX and
the effective implementation of this
policy.

The Title IX Coordinator is:

Responsible for oversight of the investigation and resolution of all reports of sexual harassment, sexual violence,
stalking, and intimate partner
violence involving students, staff,
and faculty;

Knowledgeable and trained in university policies and procedures and relevant state and
federal laws;

Available to advise any individual, including
a complainant, a respondent, or a third party, about the courses of action available at the
university, both informally and formally, and in the community;

Available to provide assistance to any university employee regarding how to respond
appropriately to a report of sexual
harassment, sexual
violence, intimate partner
violence, or stalking;

Responsible for monitoring full compliance with all procedural requirements, record-keeping, and timeframes outlined in this policy; and

Responsible for overseeing training, prevention,
and education efforts,
and annual reviews of climate and culture.

The Title IX Coordinator is
supported by the Associate Dean of Students/Title IX Coordinator for Student
Affairs (Katie Slabaugh) and other
Title IX Deputy Coordinators. In addition, based on the role of the complainant
and the respondent, the Title IX Coordinator can designate other university
employees to implement procedures outlined in this policy.

In cases that involve students,
either as a complainant or a respondent, the Associate Dean of Students/Title
IX Coordinator for Student Affairs is responsible for ensuring that Ball State
responds to complaints in a prompt, thorough, and impartial manner and coordinates education
and prevention efforts. During business hours, persons wishing to report sexual
misconduct by or towards a student may call or email Katie Slabaugh, the Associate Dean of Students/Title IX Coordinator
for Student Affairs or her designee at (765) 285-1545 or Katie Slabaugh. Additional information
about the duties of the Associate Dean of Students/Title IX Coordinator for
Student Affairs may be found below.

Privacy and Confidentiality

The university is committed to protecting the privacy of all
individuals involved in a report
of sexual harassment, sexual violence,
stalking, or intimate partner
violence. In any report
made under this policy, every
effort will be made to protect the privacy interests of
all individuals involved
in a manner consistent with the need for a
careful assessment of the
allegation and any necessary steps to eliminate the harassment, prevent its recurrence,
and address its effects.

The privacy of the parties will be respected
and safeguarded at all times. All university
employees who are involved
in the university’s Title IX
response receive specific training
and guidance about safeguarding private information.

Privacy and confidentiality have distinct
meanings under
this policy.

Privacy: Privacy
generally means that information related to a report of misconduct will only be
shared with a limited circle of individuals. The use of this information is
limited to those university employees who “need to know” in order to assist in
the active review, investigation, or resolution of the report. While not bound
by confidentiality, these individuals will be discreet and respect the privacy
of all individuals involved in the process. Ball State will designate which
university employees have a legitimate need to know about individual conduct
complaints pursuant to the Family Educational Rights and Privacy Act (FERPA)
and will share information accordingly.

Confidentiality:
Confidentiality means that information shared by an individual with designated
campus or community professionals cannot be revealed to any other individual
without express permission of the individual. Those campus and community
professionals include medical providers, mental health providers, ordained
clergy, victim advocates, and rape crisis counselors, all of whom have
privileged confidentiality that has been recognized by federal or Indiana law.
These individuals are prohibited from breaking confidentiality unless there is
an imminent threat of harm to self or others, or the conduct involves suspected
abuse of a minor under the age of 18.

Community members wishing to
seek completely confidential assistance may speak with counselors in the Ball
State Counseling Center, the Victim Advocate in the Office of Victim Services,
health service providers in the Health Center, off-campus rape crisis
resources, such as A Better Way or the IU Ball Memorial Hospital Emergency
Room, other health professional counselors, or members of the clergy/chaplains.

Reporting on Campus: It
is important to understand that any Ball State employee who is not designated
as a confidential resource under this policy is required to promptly share a report of sexual harassment, sexual
violence, stalking, or intimate partner violence with the Institutional Title
IX Coordinator or Associate Dean of Students/Title IX Coordinator for Student
Affairs. In addition, there are a number of university personnel who are
designated as “responsible employees.” Responsible employees have the
additional authority and obligation to take action to redress the harassment in
addition to their reporting duties. These employees include but are not limited
to vice presidents, deans and associate deans, directors, and department
chairpersons. Student resident assistants are also considered responsible
employees. All employees, including responsible employees, are required to
forward all known details of the reports they receive (including the identity
of parties, time, date, location, and description of the alleged behavior) to
the Institutional Title IX Coordinator or Associate Dean of Students/Title IX
Coordinator for Student Affairs.

Release of Information: If
a report of misconduct discloses a serious and continuing threat to the safety
of the campus community, the university will issue a timely notification to the
community to protect the health or safety of the community. The university may
also share non-identifying information about the reports received; when the
university does share this information, information (such as data about
outcomes and sanction) is typically combined. At no time will the university
release the name of a complainant to the general public without the express
consent of the complainant or as otherwise permitted or required by law.

Statistical information will be
shared with the University Police Department or the Office of Student Rights
and Community Standards as needed to comply with the Clery Campus Safety and
Security Act (a.k.a. “Clery Act”). The Clery Act requires Ball State to
distribute an annual security report (available at www.bsu.edu/fireandsafetyreports)
to the U.S. Department of Education and Ball State students and employees; the
report includes the number of certain criminal offenses that have been reported
on or near campus. The information contained in the annual security report
tracks the number of reportable offenses occurring at designated locations but
does not include the names or any other identifying information about the
persons involved in the incident.

No information shall
be released from proceedings under this policy
except as required or permitted by law and university policy.

Prohibited Conduct

The university prohibits a
variety of behaviors under this policy, many of which fall under the broad
categories of sexual harassment, sexual violence, and intimate partner
violence. Sexual harassment and sexual violence generally refer to verbal or
physical acts that are unwelcome or without consent. Intimate partner violence,
also referred to as dating violence or domestic violence, includes any act of
violence or threatened act of violence against a person who is—or has been
involved in—a sexual, dating, domestic, or other intimate relationship with
that person. Intimate partner violence can encompass a broad range of behavior
including but not limited to physical violence, sexual violence, emotional
violence, and economic abuse. Intimate partner violence is also referred to as
dating violence, domestic violence, and relationship violence. Domestic
violence and dating violence are further defined as crimes by the state of
Indiana; those definitions are included here as reports of these crimes can be found
in Ball State’s annual security report [beginning with calendar year 2013]:

Domestic violence is defined as violence committed by a current or former spouse
or intimate partner of the complainant; by a person with whom the complainant
shares a child in common; by a person who is cohabitating with or has
cohabitated with the complainant as a spouse or intimate partner; by a person
similarly situated to a spouse of the complainant under the domestic or family
violence laws of the state of Indiana; or by any other person against an adult
or youth who is protected from that person’s acts under the domestic or family
violence laws of the jurisdiction in which the crime of violence occurred.

Dating violence is
defined as violence committed by a person who is or has been in a relationship
of a romantic or intimate nature with the complainant—characterized by the
expectation of affection or sexual involvement between the parties—but not
including acts covered by domestic violence as defined above.

Sexual harassment is defined as any unwelcome sexual
advance, request for sexual favor or other unwelcome verbal or physical conduct
of a sexual nature, when

Submission
to such conduct is made, either explicitly or implicitly, a term or condition
of an individual’s employment or participation in a university-sponsored
education program or activity;

Submission to or rejection of such
conduct by an individual is used as the basis or threatened tobeused as the
basis for employment decisions or academic decisions or assessments affectingan individual; or

Such
conduct has the purpose or effect of unreasonably interfering with an
individual’s work or academic performance, i.e., it is sufficiently serious,
pervasive or persistent as to create anintimidating, hostile, or offensive
living, working, or educational environment.

Sexual harassment also includes harassment based
on gender, sexual orientation, gender identity, or gender expression, which may include acts of
verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex/gender
or sex/gender-stereotyping, even if the acts do
not involve conduct of a sexual nature.

Sexual harassment can take many forms. Sexual
harassment:

May
be blatant and intentional and involve
an overt action,
a threat, or reprisal, or may be subtle and indirect, with a coercive aspect that is
unstated.

Does
not have to include intent to harm, be directed
at a specific target, or involve repeatedincidents.

May
be committed by anyone, regardless of gender, age, position,
or authority. While there isoften a power differential between
two persons—perhaps due to differences in age
or their relative positions in social, educational, or employment relationships—harassment can occur in any context.

May
be committed by a stranger, an acquaintance, or someone with whom
the complainant has an intimate or sexual relationship.

May
be committed by or against an individual or may be a result
of the actions of an organization or group.

May
occur by or against an individual of
any sex, gender identity, gender expression, or
sexual orientation.

May
occur in the classroom, in the workplace, in residential settings, over electronic media(including the internet, telephone, and text), or in any
other setting.

May
be a
one-time event
or part of a pattern
of behavior.

May
be committed in the presence of others
or when the parties are alone.

May
affect the complainant and/or third parties
who witness or observe harassment.

Sexually harassing behaviors differ
in type and severity and can range
from subtle verbal harassment to unwelcome physical contact.
There is a wide range
of behaviors that fall within the general definition of sexual harassment and many differing notions about what behaviors are and are not acceptable. Key determining factors are that the behavior is unwelcome, is based on sex or gender, and is
reasonably perceived as offensive and objectionable under
both a subjective and
objective assessment of the conduct.

Hostile Environment Caused by Sexual Harassment

A single, isolated incident of sexual
harassment alone
may create a hostile environment if the incident is sufficiently severe. The more severe
the conduct, the less need there is to show
a repetitive series of incidents to create a hostile environment, particularly if the harassment is physical. A hostile
environment occurs when unwelcome conduct of a sexual nature is so severe,
persistent, or pervasive that it affects a student's ability to participate in
or benefit from an educational program or activity, or creates an intimidating,
threatening, or abusive educational environment. A hostile environment can be
created by an employee, another student, or a visitor to the university.

The determination of whether an environment is “hostile”
must be based on all
the circumstances. These circumstances could include, but are not limited to:

The frequency
of the speech or conduct;

The nature and severity
of the speech or conduct;

Whether the conduct was physically threatening;

Whether the speech or conduct was humiliating;

The effect
of the speech or conduct on the complainant’s mental and/or emotional state;

Whether the speech or conduct was directed at more than one person;

Whether the speech or conduct arose in the context of other
discriminatory conduct;

Whether the speech or conduct unreasonably interfered with the
complainant’s educationalopportunities or performance (including study abroad), university-controlled living
environment, or university-controlled work
opportunities or performance;

Whether a statement is a mere utterance of
an epithet which engenders
offense in an employeeor a student or offends by mere discourtesy or rudeness; and/or

Whether the speech or conduct is constitutionally protected or deserves the protections of academic
freedom.

Non-consensual Sexual Intercourse

Non-consensual sexual intercourse is having or attempting to have sexual
intercourse with another individual by force or threat of force, without effective consent, or where that individual is incapacitated.
Sexual intercourse includes vaginal
or anal penetration,
however slight, with a body part (e.g., penis, tongue,
finger, hand) or object, or oral penetration
involving mouth-to-genital contact.

Non-consensual Sexual Contact

Non-consensual sexual contact is having sexual contact with
another individual, by force or
threat of force, without effective consent, or where that individual is incapacitated.
Sexual contact includes any intentional touching
of the intimate parts of another, causing another
person to touch one's
own intimate parts, or disrobing or exposure of another without permission.
Intimate parts may include
the breasts, genitals, buttocks, groin, mouth, or
any other part of the body that is touched in a sexual
manner.

Sexual Exploitation

Sexual exploitation is taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual
activity without the knowledge of the
other individual for any purpose, including sexual gratification,
financial gain, personal
benefit, or any other
non-legitimate purpose.
Examples of sexual exploitation include but are not limited to:

Exposing
one’s genitals without consent;

Non-consensual
streaming, audio- or video-recording,
photographing, or transmitting intimateor sexual utterances, sounds, or
images without consent of all parties involved;

Allowing
others to view sexual acts (whether in person or via a video camera or other
recordingdevice) without the consent of all parties involved;

Engaging
in any form of voyeurism (e.g., “peeping”);

Prostituting
another individual;

Compelling
another individual to touch his or her own or another person’s (third party) intimate
parts without consent;

Knowingly
exposing another individual to a sexually
transmitted disease or virus without thatindividual’s knowledge; and

Inducing incapacitation for the purpose of making another
person vulnerable to non-consensualsexual activity.

Harm, Threat, or Endangerment

Harm, threat, or endangerment is prohibited separately in
the Code of Student Rights and
Responsibilities as follows: “conduct that causes physical harm to any
person is prohibited, as is any reckless or unauthorized conduct that
threatens, endangers or reasonably could threaten or endanger the health or
safety of any person. Conduct covered under this rule also includes but is not
limited to intimidation, coercion, or impairment of any person’s freedom of
movement as well as verbal or written threats of any action described above.”
When these acts occur in
the context of intimate partner
violence or when the behavior is perpetrated on the basis of sex or gender, the conduct will be resolved
under this policy.

Harassment, Bullying, or Cyber-bullying

Harassment, bullying,
or cyber-bullying, are defined as repeated and/or severe
aggressive behavior likely
to or intended to intimidate, hurt, or control another person
whether physically or mentally. These terms include but are not limited to: creating web pages; posting photos on social networking sites; and/or spreading rumors. When these
acts occur in the context
of intimate partner violence
or when the behavior is perpetrated on the basis of sex
or gender, the conduct will be resolved under this
policy.

Stalking

Stalking is a knowing or intentional course of conduct that (1)
would cause a reasonable person to feel frightened, harassed, intimidated, threatened,
or alarmed and (2) that causes the person who is the subject or target of the stalking to feel frightened, harassed, intimidated,
threatened, or alarmed. Such actions could be either implicit or explicit
threats against a specific person; an acquaintance, friend, family member, or
pet of that person; or that person’s property.
Stalking includes the concept
of cyber-stalking, a particular form of stalking in which
electronic media such
as the internet, social networks,
blogs, cell phones, texts, or
other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in
an unsolicited fashion.

Implicitly
threatening physical conduct or any
combination of these behaviors directed toward an individual person.

Retaliation

Retaliation is any overt or
covert act of reprisal, interference, restraint, penalty, discrimination,
intimidation, or harassment against any person or group involved in the
investigation and/or resolutions under this policy. This policy also prohibits
retaliation against individuals who oppose, in a reasonable manner, an act or
policy believed to constitute sex discrimination. Retaliation
includes acts by the respondent, a third party, and agents of Ball State.

Retaliation can take many forms,
including continued abuse or violence, threats, and intimidation.
Any individual or group of
individuals, including a complainant
or respondent, can engage in retaliation and will
be held accountable under
this policy.

Actions by the university are considered retaliatory if they are: (1)
in response to a good
faith disclosure of real or perceived university-related misconduct,
(2) the actions have a materially adverse effect
on the working, academic, or university-controlled living environment of an employee
or student; or if the faculty,
employee, or student can
no longer effectively carry out his or her university responsibilities; and, (3) there is a causal connection between
the adverse impact and the protected activity.

Behavior that may be retaliation
should be reported immediately to the Ball State police by calling (765)
285-1111 or the Associate Dean of Students/Title IX Coordinator for Student
Affairs at (765) 285-1545.

Intimidation or Threats to Inhibit Reporting

Intimidation is any threatened
retaliation or other adverse action to prevent or otherwise obstruct the
reporting of sexual misconduct or the participation in an investigation or
adjudication related to sexual misconduct. Intimidation includes acts by the respondent,
a third party, agents of Ball State, or any other individual.

Behavior that may be intimidation
should be reported immediately to the Ball State police by calling (765)
285-1111 or the Associate Dean of Students/Title IX Coordinator for Student
Affairs at (765) 285-1545.

Understanding Consent

Consent is a knowing, voluntary, and clear mutual agreement to engage in
sexual activity. Consent is
effective when it is informed, freely and actively given, and communicated by
clearly and mutually understandable words or actions to participate in each
form of sexual activity. This includes the following concepts:

Consent cannot be given by someone who is
incapacitated. Engaging in sexual activity with someone who one knows to be, or
reasonably should know to be, incapacitated is a violation of this policy. [Incapacitation is
defined below.] Where alcohol or other drugs are involved,incapacitation is
assessed with respect as to how the alcohol or other drugs consumed affects a
person’s ability to understand fully the "who, what, when, where, why, and/or
how" of his/her sexual interaction with someone else. An individual
accused of sexual misconduct is not excused if he or she was intoxicated and,
therefore, did not realize the incapacity of the other person.

Indiana
law provides that a minor (meaning a person under the age of 16 years) cannot
consent to sexual activity. This means that sexual contact by an adult with a
person younger than 16 years old is a crime, as well as violation of this
policy, even if the minor wanted to engage in the act.

Consent
cannot be inferred from silence, passivity, or lack of active resistance.

Consent
can be withdrawn at any time.

Consent
does not exist when there is a threat of force, violence, or any other form of
coercion or intimidation whether of a physical, psychological, or, for another
example, financial nature.[See discussions on force and intimidation below.] A
person who is the object of sexual aggression isnot required to physically or
otherwise resist the aggressor.

A
current or previous dating or sexual relationship is not sufficient to
constitute consent; pastconsent does not imply future consent; consent to one
form of sexual activity does not imply consent to other forms of sexual
activity; and consent to engage in sexual activity with one person does not
imply or confer consent to engage in sexual activity with another person.

Incapacitation

Incapacitation is a state where
someone cannot make informed, rational judgments and cannot consent to sexual activity.
States of incapacitation can be temporary or permanent and include but are not
limited to unconsciousness, sleep, mental disability, or any other state in
which a person is unaware that sexual activity is occurring.

Where alcohol or other drugs are
involved, incapacitation is defined with respect to how the alcohol or other
drugs consumed affect a person’s decision-making capacity, awareness of
consequences, ability to make fully informed judgments, the capacity to
appreciate the nature and quality of the act, or level of consciousness. In
other words, a person may be considered unable to give effective consent due to
incapacitation if the person cannot appreciate or understand the "who,
what, when, where, why, and/or how" of a sexual interaction.

Incapacitation is a state beyond
“under the influence,” drunkenness, or intoxication. The impact of alcohol and
other drugs varies from person to person; however, warning signs that a person
may
be approaching incapacitation may include slurred
speech, vomiting, walking with difficulty or with
assistance, odor of alcohol, combativeness, or emotional volatility.
Evaluating incapacitation also requires an assessment of
whether a respondent should
have been aware of the
complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed
from the perspective of a sober, reasonable person in the
respondent’s position.

In determining whether consent
has been given, the
university will consider
both (1) the extent to which a complainant affirmatively
gives words or performs actions indicating a willingness to engage in sexual activity, and (2) whether the respondent was aware or
reasonably should have known
of the complainant’s level of
alcohol consumption and/or level of impairment.
A respondent is not excused from responsibility if he or she was intoxicated
and, therefore, did not realize the incapacity of the other person.

An individual who engages in sexual activity
with someone the individual knows or reasonably should know
is incapable of making a rational, reasonable decision about whether
to engage in sexual activity is in violation of this
policy.

Force

Force is the use or threat of
physical violence or intimidation to overcome an individual’s freedom of will to
choose whether or not to participate in sexual activity. There is no
requirement for a party to resist the sexual advance or request, but resistance
will be viewed as a clear demonstration of non-consent.

Coercion

Coercion is the use of
unreasonable and persistent pressure to compel another individual to initiate
or continue sexual activity against an individual’s will. Coercion can include
a wide range of behaviors, including intimidation, manipulation, threats, and
blackmail. Coercion may be emotional, intellectual, psychological, or moral. A
person’s words or conduct are sufficient to constitute coercion if they
wrongfully impair another individual’s freedom of will and ability to choose
whether or not to engage in sexual activity. Examples of coercion include (1) threatening
to disclose another individual’s private sexual information related to sexual
orientation, gender identity, or gender expression and (2) threatening to harm
oneself if the other party does not engage in the sexual activity. Coercing an
individual into engaging in sexual activity violates this policy in the same
way as physically forcing someone into engaging in sexual activity.

Alcohol or Other Drugs

Alcohol and drugs impair a person’s decision-making capacity,
awareness of consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging
in sexual activity
be aware of the other
person’s level of
intoxication. If there is any doubt
as to the level
or extent of the other
individual’s intoxication or impairment, the prudent course of action
is to forgo or cease any sexual contact
or activity.

Being intoxicated or impaired
by alcohol or other drugs
does not reduce one’s responsibility to obtain informed and freely
given consent.

Assistance Following an Incident of Sexual
Misconduct

A first step for any complainant or third party
witness may be choosing how to proceed following an incident of sexual
harassment, sexual violence, stalking, or intimate partner violence. The university
provides two distinct institutional resources:

Confidential
Resources, which do not involve notifying the university of the incident
unless thecomplainant requests such action;and

Reporting Options,
which provide notice of the incident to the university and begin the Title IXassessment and ultimate resolutionof the report through remedies or
investigation and imposition ofany appropriate sanctions.

It is also important to note that emergency medical
and campus safety/law enforcement assistance are available both on and off
campus, and all individuals are encouraged to contact law enforcement and seek
medical treatment as soon as possible following an incident which poses a
threat to safety or physical well-being.

The university
is committed to treating all members of the community with dignity, care, and
respect. Any individual affected by sexual harassment, sexual violence,
stalking, or intimate partner violence, whether as a complainant, a respondent,
or a third party, will have equal access to support consistent with their needs
and available university resources.

This section outlines assistance
from advocates, medical professionals, mental health professionals, law
enforcement, and university officials that may be accessed immediately or on an
on-going basis. Assistance is further noted as to its location—on or off
campus—and whether or not the agency is a confidential resource or a reporting
option.

Confidential Resource: Immediate/Crisis Response On
Campus

It is especially important for
students who have been sexually assaulted to seek immediate and appropriate
medical treatment. Students are encouraged to seek evaluation for the
collection of evidence, which is most useful if collected within 96 hours of the
assault.

The Office of Victim Services (OVS) provides 24 hour victim advocacy
and support. During office hours, the OVS can be reached at (765) 285-7844. A
victim advocate is available after hours for emergencies by calling the Ball
State University Police dispatch at (765) 285-1111 and requesting the on-call
victim advocate be paged.

The Ball State Counseling Center may be reached for emergencies after
normal working hours at (765) 747-7330.

Confidential Resource: Immediate/Crisis Response Off
Campus

The Indiana University Ball Memorial Hospital Emergency Services (a.k.a.,
the “ER” or “emergency department”—located at 2401 W. University Ave) has a
specially trained sexual assault team available 24 hours a day, seven days a
week. Forensic exams (“rape kits”) for sexual assaults are provided at the ER.
Under Indiana law, the tests and procedures at the hospital are free of charge
if treatment is sought within 96 hours of the assault. ER staff may ask if the
patient wishes to speak to the police; this decision is up to the patient. Persons
undergoing the exam do not have to report to the police in order for the rape
kit to be completed. A person has the option to file a police report up to a
year after the rape kit is completed, which allows time to consider options and
preferences, while still having critical evidence collected and preserved. The ER
can be reached by calling 911 or (765) 747-3241. ER staff also will notify Ball
State students of OVS support and contact the OVS upon request for support.

A Better Way provides advocacy services for victims and is a
participating member of the Delaware County Sexual Assault Response Team
(SART). A Better Way can be reached
at (765) 288-4357.

Reporting Options: Immediate/Crisis Response On
Campus

The university encourages
persons to report all incidents of sexual harassment, sexual violence,
stalking, and intimate partner violence committed by students or any other
person to the University Police Department regardless of where the incident
occurred.

University Police Department—(765) 285-1111 (24 hour
emergency line)

Incidents of sexual misconduct
involving students that are reported to the University Police Department also
will be referred to the Associate Dean of Students/ Title IX Coordinator for
Student Affairs for follow-up and administrative investigation.

Associate Dean of Students/Title IX Coordinator for Student
Affairs

During business hours, persons
wishing to report sexual harassment or misconduct by a student may also call or
email the Associate Dean of Students/Title IX Coordinator for Student Affairs
or her designee at (765) 285-1545 or kslabaugh@bsu.edu.

Reporting Options: Immediate/Crisis Response Off
Campus

Muncie
Police Department--911 (Depending on the caller’s location, a call to 911
may result in a dispatch of University PoliceDepartment officers.)

Confidential Resource: Follow-up Health Care On
Campus

In addition to emergency
response at the ER, the Student Health
Center (on campus at 1500 Neely Avenue) is equipped to provide confidential
and professional medical care including treatment (e.g., for injuries and
infection), assistance, and support. Student Health Center staff members do not
perform rape kits or collect any other evidence for the purpose of criminal
prosecution. Assistance is offered for transportation to the ER for this
purpose, but the collection of evidence is not a requirement for students to
receive comprehensive care at the Student Health Center. Follow-up treatment or
testing for sexually transmitted infections can be provided as well. The Student
Health Center phone number is (765) 285-8431; the website is www.bsu.edu/healthcenter.

Confidential Resource: Follow-up Health Care Off
Campus

Medical Testing/Preserving Evidence—Preservation of evidence is an
important consideration in sexual assaults. As noted above, Indiana University-Ball
Memorial Hospital’s ER services include access to certified Sexual Assault
Nurse Examiners (SANE) 24 hours a day, seven days a week. SANE nurses can
conduct forensic exams (“rape kits”) for sexual assaults at the ER. Persons
believing themselves to have been assaulted are advised to refrain from bathing
or brushing teeth after an assault and to retain clothing worn during an
assault as these actions help to preserve evidence collected during a forensic
exam. Under Indiana law, the tests and procedures at the hospital are free of
charge if treatment is sought within 96 hours of the assault. ER staff may ask
if the patient wishes to speak to the police. This decision is up to the patient;
a forensic exam can be conducted without making a report to a police officer.
In these cases, evidence collected during a forensic exam is marked as “non-reporting,”
turned over to the police, and retained for one year.

Health care also is available through numerous private physicians
and medical groups located in and around Muncie. The Ball State Counseling
Center or Office of Victim Services staff members can provide assistance in
identifying health care outside of the university or Indiana University-Ball
Memorial Hospital.

Confidential Resource: Ongoing Assistance On Campus

The following offices provide
on-going counseling, advocacy, and/or other support for student complainants of
sexual misconduct regardless of whether the student chooses to make an official
report or participate in campus conduct or criminal justice processes.

The Counseling Center [located in Lucina Hall 320] is staffed by
trained professionals who can provide confidential, specialized support and
assistance to students who have been assaulted. Current students may seek
counseling at any time after the incident. The Counseling Center can be reached
at (765) 285-1736 (during office hours) and
(765) 747-7330 for after-hours
emergencies. The Counseling Center website is www.bsu.edu/counselingcenter.

The Office of Victim Services (OVS) works
closely with Counseling Center staff members to provide educational
and supportive services for the Ball State University community related to
sexual assault, intimate partner violence, and stalking. The program is
designed to assist individuals in the recovery process by providing timely
information and confidential support and guidance through the campus conduct and
criminal justice systems. During office hours, the OVS can be reached at (765)
285-7844. A victim advocate is available after hours for emergencies by calling
the Ball State University Police Department (765) 285-1111 and requesting the
on-call victim advocate be contacted.

Confidential Resources: Ongoing Assistance Off
Campus

Counseling services are available through numerous private practices
and agencies located in and around Muncie. The Ball State Counseling Center or
Office of Victim Services staff members can provide assistance in identifying mental
health care outside of the university.

A Better Way provides advocacy services for victims including a
24-hour crisis line at (765) 288-4357.

The Muncie Police Department Victim Advocate provides advocacy services
for persons believing themselves to have been sexually assaulted and can be
reached at (765) 747-4777.

Sexual Assault Response Team (Delaware County, IN)

Indiana establishes Sexual
Assault Response Teams (SART) by statute in each county’s prosecutor’s office.
SART teams consist of a Sexual Assault Nurse Examiner (SANE) or forensic nurse
examiner, a law enforcement officer trained to conduct sexual assault
investigations, a victim advocate to provide emotional support and information,
and prosecuting attorneys with special training in sexual assault investigation
and prosecution. The University Police Department and Office of Victim Services
are part of and coordinate services with other members of the Delaware County
SART team.

Reporting Sexual Harassment and Misconduct

Although a report may come in through many sources,
the university is committed to ensuring
that all reports
alleging sexual harassment or misconduct by a student are referred to the Associate
Dean of Students/Title IX Coordinator for Student Affairs, who will
ensure consistent application of the
policy to all individuals and allow
the university to respond promptly and equitably to eliminate the harassment, prevent its recurrence, and eliminate its effects.

Students can report an incident
of sexual misconduct to the University Police Department by calling (765) 285-1111;
Ball State police officers are available 24 hours a day, seven days a week.
Incidents of sexual misconduct involving students that are reported to the
University Police Department also will be referred to the Associate Dean of
Students/Title IX Coordinator for Student Affairs for follow-up and administrative
investigation.

Students may also contact Katie Slabaugh, Associate Dean of Students/Title IX Coordinator for Student Affairs,
directly to make a formal complaint during business hours. They may contact her
or her designee at (765) 285-1545 or by email at kslabaugh@bsu.edu. The Associate Dean of Students/Title IX
Coordinator for Student Affairs will follow-up where appropriate in
those instances where the university has a report of an incident of sexual
assault or misconduct that has been reported by an employee or a law
enforcement agency other than the University Police Department. The
administrative investigation conducted by the Associate Dean of Students/Title IX Coordinator for Student Affairs or her
designee is separate from any criminal investigation.

All Ball
State employees who are not designated as a confidential resource under this
policy are required to promptly share a report of sexual
harassment, sexual violence, stalking, or intimate partner violence with the
Institutional Title IX Coordinator or Associate Dean of Students/Title IX
Coordinator for Student Affairs. In addition, there are a number of university
personnel who are designated as “responsible employees.” Responsible employees
have the additional authority and obligation to take action to redress the
harassment in addition to their reporting duties. These employees include but
are not limited to vice presidents, deans and associate deans, directors, and
department chairpersons. Student resident assistants are also considered
responsible employees. All employees, including responsible employees, are
required to forward all known details of the reports they receive (including
the identity of parties, time, date, location, and description of the alleged
behavior) to the Institutional Title IX Coordinator or Associate Dean of
Students/Title IX Coordinator for Student Affairs.

Timeframe for Reporting

The university encourages
persons to report all incidents of sexual misconduct, including sexual assault,
stalking, or intimate partner violence by students regardless of when or where
the incident occurred. There is no time limit for reporting. Regardless of when
the incident occurred, the university will provide support and assistance, and
will respond consistent with the procedural options available at the time of
the report. Even when a matter does not
fall under the jurisdiction of the university, university employees will act to
provide support and assist a complainant in contacting the appropriate law
enforcement or external agency.

Anonymous Reports

Persons who wish to submit
anonymous reports (which are examined to determine Clery Act timely warning and
crime reporting requirements) can do so at www.bsu.edu/silentwitness, a
service of the University Police Department.

Amnesty for Violations of Other Policies

Ball State strongly encourages
reporting of sexual misconduct but also recognizes that incidents of sexual
misconduct can occur in conjunction with other policy violations, such as
underage drinking or illicit drug use. The university’s priority is to address
sexual misconduct. Therefore, students who provide information regarding sexual misconduct will not be disciplined
for their behavior (a) that violated the university’s alcohol or drug policies
and (b) that is connected with the reported incident of possible sexual
misconduct. However, in circumstances where students engaged in behavior that
placed any person’s (including their own) safety or health at risk, the
university may provide those individuals appropriate educational or therapeutic
support.

Academic Accommodations and Interim Measures

When a student reports an incident of sexual
misconduct to an office at the university, there are a number of immediate and
interim measures that can be provided—in addition to the emergency and other
support services described above—to ensure the safety and well-being of all
parties and prevent retaliation by any party. The university will provide
appropriate interim measures and accommodations regardless of the chosen course
of action under this policy. A request for interim measures may be made by or
on behalf of the complainant to the Institutional Title IX Coordinator, the
Associate Dean of Students/Title IX Coordinator for Student Affairs, or the Office
of the Vice President for Student Affairs/Dean of Students. The Institutional
Title IX Coordinator will work through the Associate Dean of Students/Title IX
Coordinator to ensure the implementation of appropriate interim steps and coordinate
the university’s response to these individual cases with the appropriate
offices on campus.

These
include but are not limited to:

Temporarily
moving the student—if living in university housing—to other living/dining
arrangements;

Assistance from university support
staff in completing housing relocation;

Making
alternative instructional arrangements (e.g., academic schedule) for the
complainant, therespondent, or both;

Changes
in class schedule, changing to a different course section if available, withdrawing
from a class, or retaking a class without penalty;

Access
to counseling services and assistance in setting up an initial appointment on or offcampus;

Providing an escort to ensure safe movement between
classes and activities;

Providing medical services;

Providing
information to students and employees about visa and immigration assistance,
and other available victim services, both on and off campus; and

Providing
any other remedy which can be tailored to the involved
individuals to achieve the goals of this policy.

During the investigation of a
complaint, additional measures can be taken that include but are not limited to
the following:

Issuing
written instructions to the respondent restricting him or her from making
contact withthe complainant (also known as an administrative “no-contact
order”);

Assisting
a complainant in identifying options to obtain orders of protection, no contact
orders,restraining orders, or similar lawful orders issued by a criminal,
civil, or tribal court;

Temporarily
moving the respondent—if living in university housing—to other living/dining arrangements;

Making
alternative instructional (e.g., academic schedule) or on-campus work schedulearrangements
for the respondent;

Limiting
an individual or organization respondent’s access to certain university facilities or activities pending resolution of the matter; and

Imposing
an interim suspension on the respondent.

Interim
Suspension

The following information about
interim suspension is excerpted from section 6.5.3 of the Code
and is provided here for convenience:

“Under certain circumstances, a student
accused of a violation of the Code of Student Rights and Responsibilities
may be subject to interim suspension from the university prior to a University
Review Board hearing. During the interim suspension, the student is subject to
trespass from university property and facilities and is denied access to all
classes, activities and privileges for which the student might be eligible. Interim
suspension shall be imposed only when:

a. A
student is deemed to be a threat to the safety and well-being of the university
community orproperty, or

b. It
is determined that such action would be beneficial to the student’s own safety
and well-being,or

c. A
student’s presence is deemed to pose a substantial threat of disruption to the
university’s educational process.

The decision to suspend on an
interim basis shall be made by the Vice President for Student Affairs and Dean
of Students or her designee. The student will be notified in writing of this
action and the reasons for the interim suspension. The notice should include
the time, date, and place of a subsequent hearing within three business days at
which the student may show cause why his or her continued presence on the
campus does not constitute a threat [and at which they may contest whether a
violation of the Code took place]. The interim suspension may continue until the
entire disciplinary process including appeal, is completed. Every effort will
be made to complete the disciplinary process in a timely manner so as to limit
the interim suspension to the shortest time possible.”

Title IX Review and Investigation

Overview of Procedural Options

Upon receipt of
a report, the Associate Dean
of Students/Title IX Coordinator for Student Affairs or her designee will conduct an initial Title IX assessment. The goal of
this assessment is to provide an integrated and coordinated response to reports of sexual
harassment, sexual violence, stalking,
and intimate partner violence.
The assessment will consider the
nature of the report,
the safety of the
individual and of the
campus community, the complainant’s expressed preference for
resolution, and the necessity for any
interim remedies or
accommodations to protect the safety of the
complainant or the
community.

Following this assessment, the Associate
Dean of Students/Title IX Coordinator for Student Affairs may: (1)
seek a remedies-based resolution that does
not involve disciplinary action
against a respondent; or (2) seek resolution through adjudication procedures (outlined below) by
initiating an investigation to determine if disciplinary action is warranted. The goal of the
investigation is to gather
all relevant facts and determine if there is sufficient information to refer the report for
disciplinary action.

Each resolution process is guided
by the same principles of
fairness and respect for all parties.
The resolution process outlined in this policy to resolve complaints is
designed to protect the rights of both the complainant and the respondent. Resources are available for students, whether as complainants or respondents, for support and guidance throughout the investigation and resolution of the complaint.

Title
IX Assessment

The Associate Dean of Students/Title IX Coordinator for Student
Affairs will conduct an initial Title IX
assessment. In the course
of this assessment, the Associate Dean of Students/Title IX
Coordinator for Student Affairs will consider the interest of the complainant and the complainant’s expressed preference for manner of
resolution. Where possible and as
warranted by an assessment of
the facts and circumstances, the Associate
Dean of Students/Title IX Coordinator for Student Affairs will seek action consistent with the complainant’s request.

As part of the initial assessment of the facts, the Associate
Dean of Students/Title IX Coordinator for Student Affairs will:

Assess
the nature and circumstances of the
allegation;

Address
immediate physical safety and emotional well-being;

Notify the complainant of the right
to contact, or decline to
contact, law enforcement and seekmedical
treatment;

Notify the complainant of the importance of preservation of evidence;

Inform
the University Police Department so that the
reported conduct can be assessed regarding the need
to issue a timely warning under the Clery
Act;

Request
the University Police Department to enter a report into the university’s daily crime log;

Provide the complainant with information about on
and off-campus resources;

Notify the complainant
of the range of interim accommodations and remedies;

Provide the complainant with an explanation of
the procedural options to resolve the complaint, including remedies-based resolution and resolution
through adjudication procedures;

Inform the complainant and respondent of the right to have an adviser and/or
support person for all
subsequent meetings and proceedings;

Assess
for pattern evidence or other
similar conduct by respondent;

Discuss
the complainant’s expressed preference for
manner of resolution and any barriers to proceeding;
and

Explain the university’s policy prohibiting retaliation.

The initial review will proceed
to the point where a reasonable assessment of the
safety of the individual and of
the campus community can be made
and the university has sufficient information to determine the best course of
action.

At the conclusion of the Title
IX assessment, the Associate
Dean of Students/Title IX Coordinator for Student Affairs will determine the appropriate manner of resolution, which may include remedies-based actions or the initiation of an investigation
to determine if adjudication
is warranted. It is at the discretion of the Associate
Dean of Students/Title IX Coordinator for Student Affairs to determine which method of resolution is appropriate. Any
individual wishing to explore
alternative dispute resolution methods is encouraged to discuss these options
with the Associate Dean of Students/Title IX
Coordinator for Student Affairs.

The determination as to how
to proceed will be communicated
to the complainant in writing. Depending on the circumstances
and requested resolution, the respondent may or may
not be notified of the
report or resolution. A
respondent will be notified when the university seeks action that would impact a respondent, such as protective measures
that restrict the respondent’s movement on campus, the initiation of an investigation,
or the decision to involve the respondent
in remedies-based resolution.

Complainant Agency and Autonomy to Not Proceed

The university will seek action consistent with the complainant’s request where possible.
Where a complainant makes a report but requests that a name or
other identifiable information not be
shared with the respondent or
that no formal action be taken, the Associate
Dean of Students/Title IX Coordinator for Student Affairs will balance this
request with the university’s dual obligation to provide a safe and non-discriminatory environment for all Ball State community members and to ensure
fundamental fairness through due process which
requires notice and an opportunity to respond before action is taken against
a respondent.

In the event that a complainant does not
wish to proceed with an investigation or adjudication, the Associate Dean of
Students/Title IX Coordinator for Student Affairs will determine, based on the available information, including any
investigative report, whether the investigation or judicial resolution proceedings should nonetheless go
forward.

In making this determination, the university will consider, among
other factors:

Whether the complainant
has requested confidentiality;

Whether
the complainant wants to participate in an investigation or conduct hearing;

The severity
and impact of the conduct;

Whether
the reported misconduct was perpetrated with a weapon;

The respective ages of the parties;

Whether the complainant
is a minor under the age of 18;

Whether the respondent has admitted to the conduct;

Whether the respondent has demonstrated a pattern of similar conduct;

The extent of
prior remedial methods taken with the respondent;

The
rights of the respondent to receive notice and relevant information before
disciplinary action is initiated;

Whether
the report reveals a pattern of perpetration (e.g., via illicit use of drugs or
alcohol) at a given location or by a particular group; and

The existence
of independent evidence.

The university will take all reasonable steps to investigate and respond
to the complaint consistent with the request for confidentiality or request not to pursue an
investigation, but its ability to do so effectively may be limited based
on the nature of the request by the complainant. The
university will assess any barriers to proceeding, including retaliation, and will inform
the complainant that Title IX prohibits retaliation and the university will take strong responsive action to protect the complainant. Where the university is unable to take action consistent with the request of the complainant, the Associate
Dean of Students/Title IX Coordinator for Student Affairs or designee will communicate with the
complainant about the university’s chosen
course of action, which may include the
university choosing to pursue action against a respondent on its own behalf. Alternatively, the course of action
may also include steps to
limit the effects of the
alleged misconduct and prevent its recurrence that do not involve
formal disciplinary action
against a respondent or revealing the
identity of the complainant.

Remedies-Based Resolution

Remedies-based resolution is designed to eliminate a hostile environment without or in addition to taking disciplinary action against a respondent. Where the Title IX
assessment concludes that remedies-based resolution may be appropriate, the university will
take immediate and corrective action through
the imposition of individual and community remedies designed to maximize the complainant’s access to the educational, extracurricular,
and employment activities
at the university and to eliminate a hostile
environment. Examples of
protective remedies are provided
in the earlier section Academic Accommodations and Interim Measures.
Other potential remedies include
increased monitoring, supervision, or security at activities or
locations where the alleged misconduct occurred; targeted or broad-based educational programming or
training; supported direct
confrontation of the
respondent; and/or indirect action by the
Associate Dean of Students/Title IX Coordinator for Student Affairs, her
designee or the university. Depending on the form of
remedies-based resolution used, it may be possible to maintain
the complainant’s anonymity.

The university will offer mediation
for appropriate cases, but will not compel a complainant
to engage in mediation, to directly confront the respondent,
or to participate in any particular form of remedies-based resolution. Mediation, even if voluntary, will not be used in cases involving sexual assault. The decision
to pursue remedies-based resolution will be made when
the university has sufficient information about
the nature and scope
of the conduct, which may occur
at any time. Participation in remedies-based resolution is voluntary, and a complainant can request to end remedies-based resolution at any time.

The Title IX Coordinator will maintain records
of all reports and conduct referred
for remedies- based resolution, which will typically be
initiated within thirty (30)
business days of the initial report.

Investigation Procedures and Protocols

Where the Title IX
assessment concludes that
further investigation and disciplinary
action may be appropriate, the Associate Dean of Students/Title IX Coordinator for Student
Affairs will initiate an investigation
by designating one or more investigators
who have specific training and experience investigating
allegations of sexual
harassment, sexual violence, stalking, and intimate partner violence. Any investigator chosen
to conduct an investigation must be impartial and free of any
actual conflict of interest.

Briefly, during an investigation, both the complainant
and respondent have an equal right to

Protection under
applicable privacy laws (e.g., FERPA);

Be informed of
the university’s student conduct process;

Have an advisor
of their choice (this person may be
a friend, instructor, parent, or attorney)
accompany and assist them during interviews, meetings or hearings. However, the
advisor may not represent or speak for the complainant or respondent. Any expenses related to the advisor will be borne
by the party;

Receive reports
of the investigation’s status;

Present witnesses
and evidence they believe to be relevant to the investigator; and

Meet with the
investigator prior to the completion of the investigation to review theinvestigator’s preliminary report, request additional information (e.g., a
witness) be considered,and be given an opportunity to provide a written
response that will be included in the finalreport.

The investigator will conduct
the investigation in a manner appropriate given the case’s circumstances. The investigator will coordinate the gathering of information
from the complainant, the respondent, and any other individuals who may have information
relevant to the determination.
Information gathering from parties may take the form of face-to-face interviews
or through other means, will usually be recorded, and may include follow-up
after an initial interview. The investigator
will also gather and review any available physical evidence, including documents, communications between
the parties, and other
electronic records as
appropriate. Technical rules of
evidence regarding handling and preservation of information, such as are
applied in a criminal proceeding, are not used in the university’s
administrative investigations.

The complainant and respondent will have an equal opportunity
to be heard, to submit information, and to identify witnesses who may have relevant
information. Witnesses
must have observed
the acts in question or have
information relevant
to the incident and cannot be participating solely to speak about an individual’s character. In gathering the facts, the investigator may consider
prior allegations of, or findings of responsibility for, similar conduct
by the respondent to the extent such information is relevant.

The investigation is designed
to provide a fair and reliable gathering of the facts. The investigation will be thorough,
impartial, and fair, and all individuals will be treated
with appropriate sensitivity and respect. As described in the earlier Privacy and Confidentiality section, the investigation will be conducted
in a manner that is respectful of individual privacy concerns.
Throughout the process, a complainant or respondent may have an advisor of his or her choice (this person may
be a friend, instructor, parent, or attorney—any expenses related to the
advisor will be borne by the party) present at any meeting related to the investigation.
While the parties are not restricted from discussing and sharing information
relating to their complaints with others that may support them or assist them,
the university expects that the parties will respect the privacy of other
parties and the integrity of the process.

The university will seek to complete the
initial fact-finding phase investigation within twenty-five (25) business days of receiving the complaint.
This time frame may be extended for good cause as necessary to ensure the
integrity and completeness of the investigation, to comply with a request by
external law enforcement, to accommodate the availability of witnesses, to account
for university breaks or vacations, or to address other legitimate reasons. Any
extension of the timeframe, and the reason for the extension, will be shared
with the parties in writing. Best efforts will be made to complete the process
in a timely manner by balancing principles of thoroughness and fundamental
fairness with promptness.

At the request of law enforcement, the university may agree to defer
its Title IX fact-gathering until after the initial stages of a criminal investigation
have been completed. The university will nevertheless communicate with the complainant regarding
Title IX rights,
procedural options and the implementation of interim measures to assure the safety and well-being of all affected individuals. The university will promptly resume its Title
IX fact-gathering as soon as
law enforcement has released the case for review following the initial
criminal investigation.

Information gathered during the review
or investigation will be used
to evaluate the responsibility of
the respondent, provide
for the safety of the
complainant and the
university campus community, and take appropriate measures designed
to end the misconduct, prevent
its recurrence, and address its effects.

The Associate Dean of Students/Title IX Coordinator for Student
Affairs or her designee will document each report or request for assistance in resolving a report
under this policy and will review and retain copies of all reports generated as a result of investigations. These records will be kept confidential to the extent permitted by
law.

Review of Investigation Report

At the conclusion of the investigation, the investigator will prepare a written
report that summarizes the information gathered and synthesizes the areas
of agreement and disagreement between the parties and any supporting information or
accounts. In preparing the report, the investigator will review all facts gathered to determine whether
the information is relevant and
material to the determination of responsibility given the nature
of the allegation. In general, the investigator may redact information that is irrelevant, more prejudicial than informative, or immaterial. The investigator may also redact statements of
personal opinion, rather than direct observations or
reasonable inferences from the facts,
and statements as to general reputation
for any character trait, including honesty.

Before the report is finalized, the complainant and respondent will be given the opportunity
to review their own
statement and, as permitted by FERPA, a summary of other
information collected during the investigation, including the statements of the
other party and any witnesses.
A complainant and respondent
may submit any additional comment
or evidence to the investigator within
three (3) business days of the opportunity to review the relevant portions
of the report.

Upon receipt of
any additional information by the
complainant or respondent,
or after the three (3)
day comment period
has lapsed without comment, the investigator will finalize the report and submit it to the Associate
Dean of Students/Title IX Coordinator for Student Affairs.

Preliminary
Determination

The Associate Dean of Students/Title
IX Coordinator for Student Affairs, in consultation with the Director of
Student Rights and Community Standards, will make a preliminary determination,
by a preponderance of the evidence, regarding whether a policy violation occurred.
Both the complainant and respondent will be informed of this determination in
writing.

Insufficient Information to Warrant Subsequent
Adjudication

If the Associate Dean
of Students/Title IX Coordinator for Student Affairs, in consultation with the Director
of Student Rights and Community Standards, makes a preliminary determination that no
policy violation occurred, the complainant will have the opportunity to seek review by the
Institutional Title IX Coordinator by
submitting a written request for
additional review within three (3)
business days. The respondent will be notified of this request and have the opportunity
to respond within three (3) business
days. The Institutional
Title IX Coordinator may (1) agree with the preliminary
determination, (2) reverse the finding and refer the case for adjudication, or (3) request that additional investigative steps be taken. The Institutional Title IX Coordinator will render a decision in writing to both parties within
ten (10) business days of receipt
of the request for
review. The decision of the Institutional Title IX Coordinator is final.

Sufficient
Information to Warrant Subsequent Adjudication

If the Associate Dean of
Students/Title IX Coordinator for Student Affairs, in consultation with the
Director of Student Rights and Community Standards, makes a preliminary
determination that a policy violation occurred, the Associate Dean of
Students/Title IX Coordinator for Student Affairs will forward the
investigative report to the Office of Student Rights and Community Standards
for a final determination regarding adjudication.

University Adjudication Procedures

Where there is a preliminary determination that a policy
violation occurred, adjudication will be governed by the Ball State Code
of Student Rights and Responsibilities and as modified below.
Following the preliminary
determination, the Director of Student Rights and Community Standards or his
designee (Director) will prepare a notice of charge regarding the applicable sections
of this policy. The notice will include a recommended sanction and/or remedy.
This notice will be sent within five (5) business days of receipt of the final
investigative report.

The Director will request separate
meetings with the parties to review the determination made by the Director and
subsequent procedures including options for the respondent to (a) accept
responsibility for the charged violation and seek an informal resolution or (b)
contest the charged violation and request a hearing.

As
specified elsewhere, both the complainant and the respondent may be accompanied
at this meeting by an advisor of their choice;

Prior
to the meeting, both the complainant and respondent have an equal right to
review the final report and any other information that will be used at the meeting
in a timely manner prior to the meeting;

If
the respondent accepts responsibility in writing and seeks an informal
resolution, the Director may impose sanctions up to and including suspension
but not expulsion from the university;

If
the respondent requests a hearing, the Director will convene the Sexual
Misconduct Board to conduct a hearing and determine if a violation has
occurred. The determination in the hearing will be made using a preponderance
of evidence standard.

Hearings

The
Sexual Misconduct Board (SMB) is comprised of faculty and professional
employees who undergo annual, comprehensive, and specialized training in order
to hear sexual misconduct cases. For a hearing, three SMB members will comprise
a hearing panel; one member will serve as a chairperson. Prior to the hearing,
the SMB panel members will review the investigative report, witness statements,
and relevant documentary evidence.

Both
the complainant and respondent will be notified in writing of the date, time,
and location of the hearing, their rights at the hearing, the names of the
panelists, and information on how to raise issues about potential conflicts of
interest on the part of any panelist.

Alleged
violations of related conduct (other than sexual misconduct) that may have beencommitted by the respondent as part of the same incident may be addressed in
the same adjudication procedure. The decision to do so will be at the sole
discretion of the Director. The inclusion of related matters, however, will not
delay the prompt resolution of a report of sexual misconduct.

Normally,
the SMB panel will expect to hear testimony from the following persons:
complainant, respondent, and the designated investigator(s). However, after its
review of the case file, the SMB panel may instruct the Director to solicit any
witnesses previously interviewed by the investigator(s) to attend the hearing,
provide testimony, and respond to additional questions.The SMB hearing panel
may limit or reject any other witness not interviewed previously by the
designated investigator or requested by the SMB panel. Character witnesses will
not be allowed to testify but may provide written statements to be considered at
the time of sanction determination if a sanctioning recommendation is required.

The
Director will be responsible at the hearing for compiling documentation for the
SMB panel’s review and presenting the case against the respondent.

The
parties’ rights at the hearing include being present at the entire hearing,
presenting evidence and testimony, being allowed equal and timely access to
information to be presented at the hearing, and being allowed the presence of
an advisor of their choice.

The
Director normally will make arrangements to convene hearings in such a manner to
limit direct contact between the complainant and respondent but allows
effective participation by both parties (e.g., conducting the hearing in separate
rooms connected by teleconferencing). The Director will consider but retain the
final decision regarding an arrangement where all parties are in the same room
for the hearing if requested by either party and if both parties agree to such
an arrangement.

The
complainant and respondent may ask questions of each other by submitting
questions in writing to the hearing chairperson (face-to-face
“cross-examination” is not permitted). The chairperson may choose to ask some
but not all questions on behalf of the party submitting the questions and also
may choose to reword questions to improve the information gathered and/or to
reduce confrontation.

The
parties also will be allowed to question witnesses requested/allowed to provide
testimony by the SMB panel. The questioning by the parties will proceed in a
manner similar to that described above.

In
order to meet Ball State’s obligations to investigate and address patterns of
sexual misconduct, the university may admit previous accusations of sexual misconduct
and violations of law and policy regarding sexual misconduct as evidence in
hearings on current complaints.

Questioning
or presentation of evidence about the complainant’s prior sexual conduct with
anyone other than the alleged perpetrator will be prohibited, unless the
information is relevant to explain a physical finding or motive.

While
evidence of a prior consensual dating or sexual relationship between the
parties may be presented, the SMB and the parties are advised that the prior
relationship by itself does not imply consent or preclude a finding of sexual
misconduct.

After
conducting the hearing, the SMB panel will excuse all parties and deliberate
with a professional staff member designated by the Student Rights and Community
Standards office to serve as advisor and secretary to the panel. The SMB panel
members will determine which facts they will rely on for their decision and
then determine (a) that the respondent is responsible for a violation of the
sexual misconduct policy or (b) that there is insufficient information to find
the respondent responsible for a violation of this policy. If the SMB panel
finds the respondent responsible for violating the sexual misconduct policy, it
will make a recommendation for sanctioning to the Director. The decision,
rationale, and sanctions if appropriate will be delivered to the Director in
writing within three (3) business days of the decision.

In
cases where a student is found responsible for sexual misconduct, the SMB panel
is required to consider suspension or expulsion but may recommend any lesser
sanctions it believes to befair and proportionate to the violation and its
impact on the complainant.

The
Director may accept, lessen, or request specific reconsideration of the panel’s recommendations for sanctioning; he may not increase the severity of the
recommended sanctions.

The
Director will be responsible for finalizing the board’s finding regarding
responsibility for the violation, reviewing the board’s recommendation for sanctions
if applicable, determining appropriate sanctions, and notifying the parties of
the hearing’s final outcome.

Any
procedural right given to the respondent will be extended to the complainant
and vice versa.

Any
procedures for the hearing not specifically addressed above will be guided by
section 6.5.5Procedures for Disciplinary
Hearings of the Code.

Notice of Outcome

Both the complainant and the respondent
will be notified simultaneously in writing of the outcome of the informal
resolution or hearing (that is, whether the sexual misconduct policy was found
to have been violated) including a rationale for the decision and a statement
of the parties’ options to appeal. The respondent also will be notified of all
sanctions that have been imposed. In cases of sexual assault, the complainant
will be notified of the same information; in cases of sexual misconduct
violations less than assault, the complainant will be notified of the outcome
and sanctions imposed against the respondent that are related directly to the
complainant. Both the complainant and the respondent will also receive
simultaneous written notification of any changes to the outcome before it
becomes final and will be informed when the outcome is final.

Ball State neither encourages
nor discourages the subsequent disclosure of the written notification by either
party. Ball State will not require any party to abide by a nondisclosure
agreement, in writing or otherwise, that would prevent subsequent disclosure of
information related to the outcome of the proceedings.

Sanctions, Remedies, and Other Accommodations

After the final determination of
a disciplinary proceeding against a student for sexual misconduct, the Director
may impose sanctions including but not limited to: disciplinary probation, mandated
assessments, other educational sanctions, suspension, and expulsion (see the
Ball State Code of Student Rights and Responsibilities section 6.6 Sanctions for a complete list of
sanctions). The Director may also continue remedies and accommodations for the complainant
already in place (e.g., continued restrictions on contact by the respondent or
altered living, instructional, or work arrangements) and work with the Associate
Dean of Students/Title IX Coordinator for Student Affairs to ensure additional
needed remedies for the complainant, or the university community, or both are
implemented.

Appeals

Either party may appeal the
outcome of the proceedings. In cases where the respondent has accepted
responsibility and sought an informal resolution in lieu of a formal hearing,
the respondent and complainant may only appeal on the basis of the
severity/insufficiency of sanctions. Sexual Misconduct Board panel hearing procedures
and outcomes may be appealed on multiple bases that are limited to:

Substantial
procedural error that unreasonably impaired the student or the hearing body;

An
unduly harsh sanction (appeal by the respondent) or an insufficient sanction
(appeal by the complainant);

New
information of a substantive nature sufficient to alter a decision, because
such informationand/or facts were not known to the person appealing at the
time of the original hearing; and

Information
of substantial bias on the part of the disciplinary body hearing the case.

Complete information about
appeals can be found at section 6.5.7
Appeal Process in the Code.

Communication with Parties

University-issued email is the
primary means of communication used by the university. The Title IX
Coordinator, Associate Dean of Students/Title IX Coordinator for Student
Affairs, designated investigators, and the Director of Student Rights and
Community Standards may deliver notice to parties by one or more of the
following methods:

In
person by the Title IX Coordinator or designated university administrator;

Mailed to the local or
permanent address of the individual as indicated in official university records;
or

Emailed to the individual’s university-issued email account.

Notice sent via email will be presumed
to have been received
by parties. In all other
circumstances, the party is expected to confirm receipt of the communication to the Associate Dean of Students/Title IX
Coordinator for Student Affairs within three
(3) business days.

Ball State’s Clery Act/Annual Security Report
Obligations

Ball State is obligated to
report the incidence of certain crimes that occur on and around Ball State
property to the public and the U.S. Department of Education in an annual
security report. Information from these incidents—when reported to Ball State
police, the Associate Dean of Students/Title IX Coordinator for Student Affairs,
other responsible employees, and Campus Security Authorities—is included in an
aggregated statistical report which does not disclose any information that
identifies complainants. Information about reported incidents of sexual
misconduct is also examined to determine if timely warnings must be issued to
Ball State community members. Likewise, timely warnings do not include any
information that identifies complainants. More information about Ball State’s
Clery Act/Annual Security Report obligations, including crime reports and
information about Campus Security Authorities, can be found at www.bsu.edu/fireandsafetyreports.

Prevention and Education

Ball State employs a
comprehensive, harm reduction approach to prevention of sexual misconduct as
well as related alcohol abuse and other drug use. All new students to the
university, beginning Fall 2014, will be provided an educational program that
addresses sexual assault, consent, the role of alcohol and other drugs,
stalking, intimate partner violence, risk reduction, and effective bystander
intervention. The program also will introduce Ball State’s policies on sexual
misconduct, alcohol, and other drugs.

In addition to the program
described above, a number of offices (e.g., Office of Victim Services,
Counseling Center, University Police Department, and the Office of Health,
Alcohol and Drug Education) provide regular programming for residence halls, classrooms,
and student organizations. Programming is designed to meet the needs of the
audience and campus wide social marketing campaigns are utilized annually.
Targeted programming occurs during specific awareness campaigns such as
National Collegiate Alcohol Awareness Week and Sexual Assault Awareness Month.

Training

Beginning Fall 2014, all new
Ball State employees will be trained on policies, prevention, response, and
reporting obligations regarding sexual misconduct. Training will be coordinated
by University Human Resources.

Faculty and staff members who
are designated responsible employees, Title IX coordinators and designated
investigators, members of the University Police Department, victim advocates,
faculty, and staff members involved with adjudicating sexual misconduct cases are
provided annual, comprehensive, and specific training on to how to respond
appropriately to reports of sexual violence, reporting obligations, the extent
to which they may keep reports confidential, how to identify and respond to
sexual violence, bystander intervention, victimization and re-victimization,
trauma-informed support, and to whom reports must be made.

Maintenance of Records

The university will maintain
records of sexual misconduct complaints, including audio recordings of
hearings, in a manner and for a period of time that complies with federal law
including Title IX and the Clery Campus Safety and Security Act.

Policy and Implementation Modifications

This policy may be modified as
needed, with published notice, and minor deviations may be made with notice to
the parties in any complaint, when the deviation will not impact on the
fairness of the process or the outcome of the complaint. Further, to the extent
that any of the provisions of this policy are found to be inconsistent with
state or federal law or regulations, those laws and regulations will be
applied.